Is Marijuana Legal in West Virginia?

Is Weed Legal in West Virginia
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With the current wave of legalization of marijuana across the states, West Virginia seems to be sitting on the sidelines regarding the legalization of marijuana for recreational use as West Virginia’s marijuana policies remain the same after the 2021 legislative session.

Fortunately, in 2019, the state lawmakers finally recognized marijuana as a treatment for a variety of medical conditions and joined 28 other states in legalizing medical cannabis. Keep on reading, to find out more about the legalization of marijuana in West Virginia. 

Is weed legal in West Virginia?

No. Unfortunately, the recreational use of marijuana is illegal in West Virginia, and if caught with any amount you could face up to 90 days in prison with a fine of up to $1000. 

When will weed be legal in West Virginia?

Governor Jim Justice has not been in favor of the legalization of marijuana for recreational use. However, this year (2021) during a virtual town hall meeting he hinted at support for the legalization of marijuana and mentioned that he’d approve any legislation sent to his desk. So, there may be hope for the residents of West Virginia as the governor is at least open to the idea. 

Are edibles legal in West Virginia?

No, edibles like gummies and brownies are illegal in West Virginia. However, in March 2021 Senate bill 590 was passed to the State Senate to add edibles to the list of permitted forms for consumption by patients under the medical cannabis act. This hasn’t been signed into the law yet.

Is medical marijuana legal in West Virginia?

Yes, the use of medical marijuana is legal in West Virginia. Nevertheless, this is restricted to patients with medical conditions like:

  • Cancer.
  • Epilepsy.
  • Amyotrophic Lateral Sclerosis. 
  • Parkinson’s Disease.
  • Neuropathies.
  • Post Traumatic Disorder.
  • Sickle Cell Anaemia.
  • Intractable pain.
  • Huntington’s disease.
  • Crohn’s disease.
  • Human Immunodeficiency Virus (HIV or AIDS). 

Qualified patients must be certified by a physician and then proceed to register with the Department of Health (DHHR) to obtain a medical marijuana card. 

How to get medical marijuana in West Virginia?

Registered patients can purchase medical marijuana from any state-licensed dispensary across West Virginia with their MMJ card. 

How long does it take to get a medical card in West Virginia?

Most patients receive their medical marijuana card within 30 days of applying, provided your application is approved. However, there may be delays. 

Can a patient with anxiety get a medical card?

No, unfortunately, there are no provisions for patients with anxiety under the Medical Cannabis Act in West Virginia. 

Does West Virginia accept out-of-state MMJ cards?

No, West Virginia does not accept medical marijuana cards for out-of-state patients as it currently offers no reciprocity. However, this could change in the future as the Department of Health and Human Resources (DHHR) may enter into reciprocity agreements with the states that have requirements consistent with the provisions of the Medical Cannabis Act. This will allow terminally ill cancer patients to access medical marijuana in other states and vice versa. 

Marijuana Bills and Laws in West Virginia & Key Questions

Sadly, West Virginia has recorded several attempts at the decriminalization of marijuana. In March 2021, House Bill 2291 and Senate Bill 649 were passed to the State Senate. These bills seek the legalization of the production, possession, and consumption of marijuana for recreational purposes in West Virginia. If these bills pull through, adults 21 and older will be legally allowed to purchase up to 2 pounds of marijuana at a time and grow 3 plants.

West Virginia signed its Medical Cannabis bill SB 386 in 2017. In the beginning, this law prohibited patients from obtaining cannabis in its natural form but after several recommendations by an Advisory Board, the legislature permitted patients to use marijuana in plant form or natural form. The Medical Cannabis Act allows residents with serious medical conditions access to purchase marijuana in these forms: gels or cream, pills, ointment, plant form, liquid, dermal patch, and vaporized state. However, the West Virginia Medical Marijuana Program is not fully operational yet but we expect them to start serving patients in months. 

How much marijuana can I have in West Virginia?

Duly registered patients will be able to possess a 30-day supply of marijuana. 

Is marijuana decriminalized in West Virginia?

No. Possession of any amount of marijuana is illegal except for duly registered medical marijuana.

Is there a fine or penalty for marijuana possession in West Virginia? 

Yes. Possession of any quantity of marijuana is a misdemeanor and you could face up to 90 days in prison and you pay a $1000 fine. The sale and distribution of marijuana is a felony and you could face up to 1-5 years incarceration and a $15000 fine.

How many plants per household in West Virginia?

Home cultivation is illegal in West Virginia. Patients can purchase marijuana from licensed dispensaries after they become operational.

West Virginia dispensaries regulations

The West Virginia Department of Health and Human Resources (DHHR) oversees the medical marijuana program and licenses new dispensaries in the state.

West Virginia growers regulations

Home cultivation of marijuana is illegal in West Virginia. However, for commercial cannabis cultivation, licenses and permits are also under the jurisdiction of the Department of Health and Human Resources (DHHR).

Closing thoughts 

The medical marijuana program in West Virginia is definitely on track and residents cannot wait for it to become fully operational. However, the home cultivation of marijuana and legalization of recreational use are areas that can be updated.

We are NOT legal advisers. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice, should not be construed as legal advice nor relied upon as such.
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